Citation Nr: 24008563
Decision Date: 02/21/24	Archive Date: 02/21/24

DOCKET NO. 15-40 474
DATE: February 21, 2024

REMAND

The issue of an extraschedular total disability evaluation based on individual unemployability (TDIU) from April 24, 1997 to March 19, 2018 is remanded.  

REASONS FOR REMAND

1. BACKGROUND FOR THE DECISION REVIEW OPERATIONS CENTER (DROC):

This is a remand under 38 C.F.R. § 4.16 (b).

The Veteran has a TDIU based on schedular criteria since March 19, 2018. 38 C.F.R. § 4.16 (a). 

The Board previously found that the Veteran's TDIU claim dates to his April 24, 1997 claim, and the record indicates a reasonable possibility that the Veteran was unemployable because of service-connected disabilities from April 24, 1997 to March 19, 2018. 

Accordingly, the claim is referred to VA's Director of Compensation Service for consideration of an extraschedular TDIU from April 24, 1997 to March 19, 2018. 38 C.F.R. § 4.16 (b); see also Wages v. McDonald, 27 Vet. App. 233 (2015) (noting "the Board is required to obtain the Director's decision before the Board may award extraschedular TDIU").

THE REMAND DIRECTIVE FOLLOWS:

2. Refer this matter to the office of the Director of Compensation Service for consideration of an extraschedular TDIU from April 24, 1997 to March 19, 2018.

 

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Hiaasen

The Board's decision is only binding on this case. This action is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.